2025:KER:28051 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 6867 OF 2024 PETITIONER: PK KUNJUMON, AGED 54 YEARS, S/O P V KRISHNAN, PUTHUVAMOOLA (H), CUSAT PO, HARITHA NAGAR, KALAMASSERY, ERNAKULAM DISTRICT., PIN - 682022 BY ADV. SRI.N.S.REHNA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX–II, THIRUVANANTHAPURAM, PIN - 695001 2 PRINCIPAL SECRETARY TO GOVERNMENT, LSGD DEPARTMENT, SECRETARIAT ANNEX–I, THIRUVANANTHAPURAM, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION. JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE THRISSUR, PIN – 680003. 2025:KER:28051 W.P.(C) No.6867/2024 : 2 : 5 THE DISTRICT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR, PIN - 680121 6 THE ASSISTANT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR, PIN - 680121 *7 THE ASSISTANT EXECUTIVE ENGINEER, (*CORRECTED) BLOCK PANCHAYATH, IRINJALAKKUDA, THRISSUR, PIN-680 121. *(THE NAME AND ADDRESS OF THE 7TH RESPONDENT IS CORRECTED AS 'THE ASSISTANT EXECUTIVE ENGINEER, BLOCK PANCHAYATH, VELLANGALLUR BLOCK, THRISSUR-680 662' AS PER THE ORDER DATED 14.03.2025 IN I.A.NO.3/2025 IN WP(C) NO.6867/2024.) 8 THE MANAGER, SNGUPS, KAKATHURUTHY, IRINJALAKKUDA, THRISSUR, PIN - 680122 9 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. SRI.SANTHOSH KUMAR T.P. SRI.C.H.ABDUL RASAC(K/912/2005) SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28051 W.P.(C) No.6867/2024 : 3 : JUDGMENT Dated this the 1st day of April, 2025 The 8th respondent, Manager of an Aided School namely SNGS UP School, Kakkathuruthy, Irinjalakkuda, sought permission from the 6th respondent - Assistant Educational Officer to demolish the old building and to construct 10 class rooms. At a time when the post of Manager was not approved by the authorities, he constructed the class rooms without the stipulated height mentioned in KER and without following Government Circulars, contend the petitioner. 2. When the 6th respondent-Assistant Educational Officer visited the School, he found that the old building was demolished without sanction and a new building was constructed up to the first floor (except concreting) with four 2025:KER:28051 W.P.(C) No.6867/2024 : 4 : class rooms. The 6th respondent issued stop memo. Without considering the stop memo, the 8th respondent completed concreting and also the work. Thereafter to adjust the height of the class rooms, the floor of the rooms was dug out. 3. The petitioner submits that the construction of the Aided School building was completed violating Ext.P1 and P2 Circulars issued by the Government. These Circulars were issued by the LSGD Department of the Government to see that supervision of the Departmental Engineers should be assured while constructing Schools. This will help not to blame the Engineers-in-charge of the School area who have to sign the plan when an untoward incident if occurred and also for the safety of the children. After constructing the class rooms, stair case to the second floor and a stair room are constructed. 4. The 8th respondent is going to start class rooms in the illegally constructed building in the next academic year. The School is presently owned by an unregistered trust. 2025:KER:28051 W.P.(C) No.6867/2024 : 5 : The register number of the trust given to the Educational Department was of Kudumbi Seva Sangham State Committee, a community organization, said to have major share. The deed of the School was registered in the name of the unregistered trust. 5. Standing Counsel entered appearance on behalf of the 8th respondent and resisted the writ petition. Standing Counsel submitted that all constructions are made strictly in accordance with the Rules and Regulations and Building Rules. The petitioner has no locus standi to file the writ petition. 6. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 8th respondent and the learned Government Pleader. 7. Government Pleader submitted that if Ext.P5 is received and pending that can be considered by the 2nd respondent in accordance with law. 2025:KER:28051 W.P.(C) No.6867/2024 : 6 : 8. In the facts of the case, I am of the view that it would be sufficient, if the 2nd respondent considers Ext.P5 grievance raised by the petitioner, atleast at the first instance. The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P5 representation filed by the petitioner and take appropriate decision thereon in accordance with law within a period of four months after giving opportunity of hearing to the petitioner and the 8th respondent. Sd/- N. NAGARESH JUDGE SR 2025:KER:28051 W.P.(C) No.6867/2024 : 7 : APPENDIX OF WP(C) 6867/2024 PETITIONER'S EXHIBITS: Exhibit 1 TRUE COPY OF THE GOVERNMENT CIRCULAR NO 42448 /EW3/11/LSGD DATED12-9-2011, ISSUED BY THE 2ND RESPONDENT. Exhibit -P2 TRUE COPY OF THE GOVERNMENT CIRCULAR NO EW3/330/2019/LSGD DATED 24-1-2020, ISSUED BY THE 2ND RESPONDENT. Exhibit -P3 TRUE COPY OF THE VISIT REPORT OF THE 6TH RESPONDENT ALONG WITH COVERING LETTER DATED 23-11-2019 SUBMITTED BEFORE THE 5TH RESPONDENT. Exhibit -P4 TRUE COPY OF THE LETTER NO DDETSR/367/2021-B5 DATED17-3-2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit -P5 TRUE COPY OF THE REPRESENTATION DATED 10-2-2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS. RESPONDENTS' EXHIBITS: Exhibit R6(a) True copy of the letter issued by the 3rd respondent Director of General Education to the 5th respondent District Educational Officer. EXhibit R6(b) True copy of the Permit No.H- BA(96816)/2021 dated 17.04.2021. Exhibit R6(c) True copy of the letter No.B-10163/19 dated 28.01.2020. Exhibit R6(d) True copy of the agreement dated nil 2025:KER:28051 W.P.(C) No.6867/2024 : 8 : produced before this respondent. Exhibit R6(e) True copy of the abstract estimate prepared by LSGD section, Padiyur. TS No.66331/2021-2022 dated nil. Exhibit R6(f) True copy of the communication No.C/669/24, E-3545067/2024/TAPAL AEO IJK dated 11.12.2024. Exhibit R6(h) True copy of the communication dated 25.01.2025 along with the fitness certificate dated 23.01.2025 issued by the Assistant Engineer, Vellangallur Block Panchayath. Exhibit R6(g) True copy of the occupancy certificate issued by the Padiyur Grama Panchayat, Thrissur dated 30.11.2024.